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HomeMy WebLinkAbout9B - Final Plat for Maple Glen 3rd Addition MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT APRIL 6, 2009 9B DANETTE PARR, COMMUNITY DEVELOPMENT AND NATURAL RESOURCES DIRECTOR CONSIDER APPROVAL OF A RESOLUTION EXTENDING THE DEADLINE FOR SUBMITTAL OF A FINAL PLAT FOR MAPLE GLEN 3RD ADDITION Introduction The purpose of this agenda item is to consider a request by Tollefson Development to extend the deadline for submittal of a final plat to be known as Maple Glen 3rd Addition, located south of Trunk Highway 13 (Maple Glen 2nd Addition), north of 180th Street, and west of Wedgewood Lane. Historv. On April 17, 2006, the City Council approved Resolution 06-057, approving the preliminary plat known as Maple Glen 3rd Addition. This project consists of 29 acres to be subdivided into 52 lots for single family dwellings. Section 1002.206 (5) of the Subdivision Ordinance states the following: Once a preliminary plat is approved by the City Council, the subdivider must submit an application for a final plat within twelve (12) months after approval of the preliminary plat. If an applicant fails to submit an application for a final plat within the specified 12-month period, the preliminary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council at least 30 days prior to the expiration of the 12-month period. Such extensions of time shall not exceed six (6) months. On December 4, 2006, the City Council approved Resolution 06-203, approving a six-month extension of the Final Plat deadline to October 17, 2007. The Developer explained that the request was necessary "due to the housing market 'down turn.'" On October 1, 2007, the City Council approved Resolution 07-171, approving an additional six-month extension of the Final Plat deadline to April 17, 2008. The Developer explained that the request was in response to the housing "down turn" lasting longer than expected. On March 17,2008, the City Council approved Resolution 08-034, approving a third six-month extension of the Final Plat deadline to October 17, 2008. The Developer again explained that the request was in response to the housing "down turn" lasting longer than expected. As a condition of approval, the developer was required to pay the outstanding administrative fees incurred by City Staff in the amount of $17,300. These fees were paid at that time by the developer. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 On September 15, 2008 the City Council approved Resolution 08-124, approving a fourth six-month extension of the Final Plat deadline to October 17, 2008. On March 15, 2008, the City Council approved Resolution 08-124, approving a fifth six-month extension of the Final Plat deadline to April 17, 2009. On March 12, 2009, City Staff received the attached letter from the developer requesting an additional six month extension. The developer has again indicated that the request is in response to the housing 'down turn' lasting longer than anticipated. If approved, the extended deadline would change from April 17, 2009 to October 17, 2009. Current Circumstances Although the developer has received preliminary plat approval, a grading permit has not been issued. No work has begun on this site. ISSUES: With the decreased demand for new construction housing, the City has previously given conditional approvals to allow for the extension of deadlines for submitting a Final Plat. Typically, this is done for the purpose of a short term delay (Code allows for 6-month extensions only). However, in the case of Maple Glen 3rd Addition, the multiple (6) extension requests have made for a long term extension (approved April 17, 2006). These numerous extensions are further complicated by the following new circumstances: . Financial issues related to the Maple Glen 2nd Addition. · Changes in storm water rules. · Zoning Code update (will come before the Council on April 20, 2009). It is because of the preceding circumstances that Staff would recommend that the ultimate developer of the site submit an application for preliminary plat in the future when the development is ready to proceed and comply with all storm water and Zoning regulations enforce at the time. FINANCIAL IMPACT: This action has no financial impact on the City. ALTERNATIVES: The City Council has three alternatives: 1. Adopt a resolution approving the request to extend the application deadline until October 17, 2009, with any conditions the City Council deems appropriate. 2. Continue this item for specific information or reasons per City Council discussion. 3. Deny the request and adopt a resolution denying the requested extension. RECOMMENDED MOTION: Staff recommends Alternative #3. A motion and second adopting Resolution #09-xx denyin~ an extension of the deadline for submittal of a final plat for M pie Glen 3r Addition. ReVif]:J ( Frank BOYle-o M A RESOLUTION DENYING AN EXTENSION OF THE DEADLINE FOR SUBMITTAL OF A FINAL PLAT FOR MAPLE GLEN 3RD ADDITION WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Motion By: Second By: The Prior Lake City Council adopted Resolution 06-057 on April 17, 2006, approving the preliminary plat known as Maple Glen 3rd Addition; and The Prior Lake City Council adopted Resolution 08-124 on September 15,2008, extending the current deadline of the Maple Glen 3rd Addition final plat submittal to April 17,2009; and Section 1002.206 (5) of the Subdivision Ordinance requires a subdivider to submit an application for final plat approval within 12 months of approval of the preliminary plat, or submit a request for an extension; and Tollefson Development, Inc., the developer, has submitted a request to extend the Final Plat application deadline to October 17, 2009; and Changes to storm water rules and a proposed Zoning Code update may impact the ultimate development layout and thus should be considered as a preliminary plat in the future; and The City Council finds the denial of the extension consistent with the intent of the provisions of Section 1002.206 (5). NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. PASSED AND ADOPTED THIS 6TH DAY OF APRIL, 2009. I YES I Haugen I Hedberg I Erickson I leMair I Millar NO Haugen Hedberg Erickson leMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR SUBMITTAL OF A FINAL PLAT FOR MAPLE GLEN 3RD ADDITION UNTIL OCTOBER 17, 2009 Motion By: Second By: WHEREAS, The Prior Lake City Council adopted Resolution 06-057 on April 17, 2006, approving the preliminary plat known as Maple Glen 3rd Addition; and WHEREAS, The Prior Lake City Council adopted Resolution 08-124 on September 15,2008, extending the current deadline of the Maple Glen 3rd Addition final plat submittal to April 17, 2009; and WHEREAS, Section 1002.206 (5) of the Subdivision Ordinance requires a subdivider to submit an application for final plat approval within 12 months of approval of the preliminary plat, or submit a request for an extension; and WHEREAS, Tollefson Development, Inc., the developer, has submitted a request to extend the Final Plat application deadline to October 17, 2009; and WHEREAS, The City Council finds the extension of this deadline consistent with the intent of the provisions of Section 1002.206 (5). NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The deadline for submittal of a final plat application for Maple Glen 3rd Addition is extended from April 17, 2009 to October 17,2009. 3. No tree removal or grading permit shall be considered until a complete Final Plat application is received and City staff has determined, in writing, the submittal is consistent with the City of Prior Lake Subdivision Ordinance and Public Works Design Manual. PASSED AND ADOPTED THIS 6TH DAY OF APRIL, 2009. I YES I Haugen I Hedberg I Erickson I LeMair I Millar NO Haugen Hedberg Erickson LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245